SYED IBRAHIM Vs. STATE OF ANDHRA PRADESH
LAWS(SC)-2006-7-31
SUPREME COURT OF INDIA (FROM: ANDHRA PRADESH)
Decided on July 27,2006

SYED IBRAHIM Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents





Cited Judgements :-

UTTAM SINGH S/O RAMJILAL YADAV AND ANR VS. STATE OF M P AND ORS [LAWS(MPH)-2012-7-280] [REFERRED]
VIJAY KUMAR YADAV VS. STATE OF BIHAR [LAWS(PAT)-2011-1-56] [REFERRED TO]
LAXMAN VS. STATE OF U P [LAWS(ALL)-2019-4-50] [REFERRED TO]
NARAIN YADAV SON OF LATE RAM YADAV VS. STATE OF BIHAR [LAWS(PAT)-2013-4-22] [REFERRED TO]
BABBU ALIAS BABULAL VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2011-3-52] [REFERRED TO]
JAYASEELAN VS. STATE OF TAMIL NADU [LAWS(SC)-2009-2-164] [REFERRED TO]
MAYABEN SURENDRABHAI KODNANI VS. S.I.T. [LAWS(GJH)-2018-4-50] [REFERRED TO]
BABUL HAZARIKA VS. STATE OF ASSAM [LAWS(GAU)-2021-12-51] [REFERRED TO]
SWARAJIT PATRA & ORS VS. STATE OF WEST BENGAL & ANR [LAWS(CAL)-2019-5-66] [REFERRED TO]
Prem Kumar VS. State of H.P. [LAWS(HPH)-2010-10-153] [REFERRED TO]
NEMAI DEY VS. STATE OF W B [LAWS(CAL)-2008-8-72] [REFERRED TO]
RAJA RAM AND ANR. VS. THE STATE [LAWS(DLH)-2009-11-357] [REFERRED TO]
MANGESH S/O PUROSHATTAM MASKE AND OTHER VS. STATE OF MAHARASTRA [LAWS(BOM)-2016-6-138] [REFERRED TO]
LAEEQUE VS. STATE OF U.P. [LAWS(ALL)-2020-2-46] [REFERRED TO]
SARJEET VS. STATE OF U. P. [LAWS(ALL)-2022-12-65] [REFERRED TO]
ROHTAS AND TWO ORS. VS. STATE AND ANR. [LAWS(DLH)-2009-2-314] [REFERRED TO]
ABDUL SUFAN LASKAR AND ORS. VS. STATE OF ASSAM [LAWS(GAU)-2007-7-33] [REFERRED TO]
SUNIL KUMAR SAMBHUDAYAL GUPTA VS. STATE OF MAHARASHTRA [LAWS(SC)-2010-11-39] [REFERRED TO]
GAJJI SON OF LADU AND ORS. VS. THE STATE OF RAJASTHAN [LAWS(RAJ)-2018-3-120] [REFERRED TO]
PRIYAN VS. STATE OF KERALA [LAWS(KER)-2020-9-409] [REFERRED TO]
MITHLESH KUMAR KUSHWAHA VS. STATE [LAWS(DLH)-2015-9-421] [REFERRED TO]
RAMESH KUMAR VS. STATE [LAWS(DLH)-2009-2-198] [REFERRED TO]
DHIREN CHANDRA BARIK VS. STATE [LAWS(CAL)-2010-8-87] [REFERRED TO]
NAYAB VS. STATE [LAWS(DLH)-2022-10-106] [REFERRED TO]
PANNA LAL CHOUHAN VS. STATE OF JHARKHAND [LAWS(JHAR)-2023-4-33] [REFERRED TO]
DIBAKAR SWAIN VS. STATE OF ODISHA [LAWS(ORI)-2022-7-1] [REFERRED TO]
MUKESH AND ANOTHER VS. STATE FOR NCT OF DELHI AND OTHERS. [LAWS(SC)-2017-5-43] [REFERRED TO]
PRADEEP @ SHETTY SHRINIWAS REGUNDAWAR VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-7-16] [REFERRED TO]
UMA RAM @ OM PRAKASH VS. STATE OF U P [LAWS(ALL)-2018-7-63] [REFERRED TO]
LAL JEET AND TEJ BAHADUR VS. STATE OF U. P. [LAWS(ALL)-2023-1-64] [REFERRED TO]
SHAILENDRA THAKUR VS. STATE OF CHHATTISGARH [LAWS(CHH)-2019-5-89] [REFERRED TO]
ASHOK TIWARI VS. STATE OF U P [LAWS(ALL)-2012-10-68] [REFERRED TO]
AMIR SINGH AND ORS. VS. THE STATE OF BIHAR [LAWS(PAT)-2020-5-22] [REFERRED TO]
AMIR SINGH AND ORS. VS. THE STATE OF BIHAR [LAWS(PAT)-2020-5-22] [REFERRED TO]
SHAMBHU CHOUDHARY VS. STATE OF BIHAR [LAWS(PAT)-2022-12-47] [REFERRED TO]
Benu Das VS. State of Orissa [LAWS(ORI)-2010-7-63] [REFERRED TO]
PANKAJ SHARMA VS. STATE NCT OF DELHI [LAWS(DLH)-2018-7-742] [REFERRED TO]
BHASKAR SITARAM NARULE VS. STATE OF MAHARASHATRA [LAWS(BOM)-2007-12-88] [REFERRED TO]
ASRAF BISWAS VS. THE STATE OF WEST BENGAL [LAWS(CAL)-2016-8-19] [REFERRED TO]
AGNEL KUJUR VS. STATE [LAWS(CAL)-2007-10-55] [REFERRED TO]
NARESH CHANDRA VS. STATE OF U.P. [LAWS(ALL)-2022-9-70] [REFERRED TO]
PRADEEP VS. STATE OF U. P. [LAWS(ALL)-2022-2-167] [REFERRED TO]
STATE OF BIHAR VS. VIJAY YADAV ALIAS VIJAY KUMAR YADA [LAWS(PAT)-2011-1-130] [REFERRED TO]
BIJENDER SINGH VS. STATE OF HARYANA [LAWS(SC)-2013-2-78] [REFERRED TO]
JAGNNATH VS. STATE OF U.P. [LAWS(ALL)-2020-2-41] [REFERRED TO]
SURENDER VS. STATE [LAWS(DLH)-2016-9-97] [REFERRED TO]
RAHIT HAZRA VS. STATE OF WEST BENGAL [LAWS(CAL)-2010-3-87] [REFERRED TO]
ALLU VS. STATE OF M.P. [LAWS(MPH)-2017-12-295] [REFERRED TO]
STATE OF BIHAR VS. KRISHNA NANDAN SHARMA [LAWS(PAT)-2014-9-26] [REFERRED TO]
SANGRAM PAL S/O DAN BAHADUR VS. STATE OF U.P. [LAWS(ALL)-2012-12-22] [REFERRED TO]
BALISTER VS. STATE OF U.P. [LAWS(ALL)-2022-9-75] [REFERRED TO]
SACHIN ALIAS CHAJJA VS. STATE [LAWS(DLH)-2019-10-123] [REFERRED TO]
MOHD IQBAL @ MUNNA VS. STATE OF MAHARASHTRA [LAWS(BOM)-2016-6-186] [REFERRED TO]
GAJRAJ VS. STATE [LAWS(DLH)-2009-3-239] [REFERRED TO]
MOKAB ALI VS. STATE OF WEST BENGAL [LAWS(CAL)-2010-3-76] [REFERRED TO]
SUSHIL KUMAR VS. STATE GOVT. OF NCT OF DELHI [LAWS(DLH)-2014-7-146] [REFERRED TO]
NETAI SEN @ NETAIPADA SEN VS. STATE OF WEST BENGAL [LAWS(CAL)-2017-4-11] [REFERRED TO]


JUDGEMENT

Arijit Pasayat, J. - (1.)Leave granted.
(2.)Challenge in this Appeal is to the judgment rendered by a Division Bench of the Andhra Pradesh High Court upholding the conviction of the appellant for an offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the IPC). The trial court had found the appellant guilty of murdering his wife on 10.1.1994. The accused was sentenced to undergo imprisonment for life. Accused challenged the conviction and sentence by filing an appeal before the High Court which was numbered as Criminal Appeal No. 511 of 1997. Initially by order dated 30.4.1998 a Division Bench of the High Court allowed the Appeal. The respondent-State filed an appeal before this Court. Since the order passed by the High Court was practically unreasoned, without expressing any opinion on merits, the judgment was set aside and the matter was remitted to the High Court for fresh disposal. The High Court by the impugned judgment dismissed the appeal confirming the order of the conviction and sentence passed by learned Sessions Judge, Guntur.
(3.)The background facts, as projected by prosecution during trial in a nutshell are as follows: Durbhakula Lakshmi (hereinafter referred to as the "deceased") was living with the appellant (hereinafter referred to as the "accused") since about 15 years and gave birth to two children. On 10.1.1994, at about 10.a.m. while the deceased, her father-Durbhakula Venkateswarlu (PW1), her brother, Durbhakula Ramu (PW2) and her sister, Durbhakula Kumari (PW3) were talking in their house, the accused came there, abused the deceased in filthy language and questioned the deceased as to why she returned to her fathers house without informing him and why she gave information to the Railway Police about his movements. By that time Gopisetty Nagamani (PW6) had reached there. He grew wild, caught hold of her hair and stabbed with a knife causing multiple injuries. When P.Ws. 1 to 3 came to her rescue, the accused fled away from the scene of offence pushing and threatening them with dire consequences. Makkalla Ankulu and Mekala Krishnavenamma (PW4) came out their house and noticed the incident. Mothati Setharavamma and Mekala Venkaiah, who were the immediate neighbours of PW-1 noticed the accused fleeing away from the scene of offence.


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